BENGAL AMBUJA HOUSING DEVELOPMENT LTD Vs. PRAMILA SANFUI

JUDGEMENT

(1.) This application is at the instance of a third-party and is directed against the Order dated January 13, 2010 passed by the learned Civil Judge (Senior Division), 2 ndCourt, Alipore in Title Suit No.121 of 1962 thereby allowing an application under Section 151 of the CPC for direction that the order of injunction passed by the learned Court on June 16, 2006 be maintained by the parties to the suit and also to direct the O.C., Purba Jadavpur P.S. to assist Sri Ashoke Roy, learned Receiver appointed in the case in all possible manner so that he can perform his duties entrusted upon him for protection and preservation of the suit property.

(2.) The following facts are etymologized for the purpose of the disposal of this application:

(3.) Shankar Sen was removed from the office of the Receiver by an Order dated December 3, 2009 passed by the learned Trial Judge and then Sri Ashoke Ray was appointed Receiver and he took physical possession of the suit property partly and symbolical possession partly on December 24, 2009. Being aggrieved by the impugned order, this application has been preferred.